senate Bill S7430A

Relates to reporting requirements for various classifications of gas leaks by utility corporations

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / May / 2014
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 28 / May / 2014
    • 1ST REPORT CAL.925
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • AMENDED ON THIRD READING 7430A
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Establishes in statute reporting requirements for various classifications of gas leaks by utility corporations.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9772A
Versions:
S7430
S7430A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Public Service Law
Laws Affected:
Add ยง67-b, Pub Serv L

Sponsor Memo

BILL NUMBER:S7430A

TITLE OF BILL: An act to amend the public service law, in relation to
reporting of natural gas leaks by gas corporations

PURPOSE OF THE BILL:

The bill would (a) require the classification by gas companies of all
reported leaks of natural gas; (b) require that each gas company
report annually to the Department of Public Service (the "department")
the location and classification of each reported leak, the date each
such leak was classified and the date each such leak is repaired; (c)
require that the department make such information available upon
request to any municipal or state public safety official and to
members of the legislature; and (d) require the Public Service
Commission (the "commission") to commence a proceeding to investigate
the need for additional winter surveillance of gas pipelines due to
extended frost.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the public service law by adding a
new section 67-b.

Subdivision one of section 67-b that would require the department to
establish a uniform system for classifying natural gas leaks.
Subdivision two of section 67-b would describe the system to be used
to classify the leaks according to the level of hazard presented to
buildings or the public, based on location and/or relative magnitude.
Leaks would be classified type 1 (which constitutes a potentially
hazardous condition to the public or buildings), type 2A (which does
not present an immediately hazardous condition to the public or
buildings, but is of a nature that requires frequent surveillance and
scheduled repair), type 2 (which does not present an immediately
hazardous condition to the public or buildings, but is of a nature
requiring scheduled repair), or type 3 (which is not immediately
hazardous at the time of detection and can be reasonably expected to
remain that way).

Subdivision 3 of section 67-b would require each gas corporation to
report annually to the department, beginning March 1, 2015, the
location of each Type 1, Type 2A, Type 2 and Type 3 leak, the date of
classification of each such leak, and the date of repair performed on
each such leak as required under such gas corporation's approved
operations and maintenance programs. Subdivision 3 would also require
that such gas leak information be made available to any municipal or
state public safety official and any member of the legislature upon
request to the department.

Subdivision 4 of section 67-b would require the department to
promulgate regulations necessary to implement the uniform leak
classification standards, and to oversee and monitor gas company
response and reporting.

Subdivision 5 of section 67-b would require the commission to
investigate whether New York State should require winter surveillance


and patrol of cast iron or ductile iron pipelines and to determine the
effect on such pipelines of extended frost cap conditions.

Section 2 of the bill would provide for an immediate effective date.

JUSTIFICATION:

Under current regulations, gas companies are required to classify
leaks of natural gas according to severity, which is determined by a
combination of location and the magnitude of the leak. They maintain
records of the leaks but are not required to report them to the
department, which relies on periodic audits of the companies to ensure
compliance with relevant regulations. Because the department maintains
no records, none are available to public safety officials.

The proposed change would lead to a new level of transparency
regarding the locations and classifications of leaks, which would
accomplish several important public safety goals. Knowledge of
existing leaks would facilitate safe, rapid response by local first
responders to accidents and other emergencies that might occur at or
near the locations of known gas leaks. Further, members of the public
would be more likely to call 911 or their local gas company about
suspected gas leaks if they believed that the information would be
included into a readily accessible database that would be used to help
prevent property damage, injuries or even loss of life.

FISCAL IMPLICATIONS:

Some administrative costs to the Department of Public Service

EFFECTIVE DATE:

Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7430--A
    Cal. No. 925

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by Sens. MAZIARZ, PERKINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications  --  reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  public service law, in relation to reporting of
  natural gas leaks by gas corporations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
67-b to read as follows:
  S 67-B. NATURAL GAS LEAK REPORTING  REQUIREMENTS.  1.  THE  DEPARTMENT
SHALL  ESTABLISH A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS SET
FORTH IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A) TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO  ITS
LOCATION  AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY HAZARDOUS
CONDITION TO THE PUBLIC OR BUILDINGS. IN THE EVENT  OF  A  TYPE  1  LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  REQUIRE AN IMMEDIATE EFFORT TO PROTECT LIFE AND
PROPERTY;
  (II) CONTINUOUS ACTION SHALL BE THEREAFTER TAKEN UNTIL  THE  CONDITION
IS NO LONGER HAZARDOUS; AND
  (III)  COMPLETION  OF REPAIRS SHALL BE SCHEDULED ON A REGULAR DAY-AFT-
ER-DAY BASIS, OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE  UNTIL  THE
SOURCE OF THE LEAK HAS BEEN CORRECTED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;
  (II)  ANY  INDICATION  ON A COMBUSTIBLE GAS INDICATOR (CGI) OF NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;
  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15044-02-4

S. 7430--A                          2

  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE  CONDUCTED  WITH  THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V)  ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B) TYPE 2A CLASSIFICATION. (1) A TYPE 2A LEAK  DOES  NOT  PRESENT  AN
IMMEDIATELY  HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A
NATURE THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN  THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  BE  REPAIRED  WITHIN A PERIOD NOT TO EXCEED SIX
MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY  READING  OF  TEN  PERCENT  OR GREATER GAS-IN-AIR IN ANY AREA
CONTINUOUSLY PAVED FROM THE CURB TO THE BUILDING  WALL,  WHICH  IS  MORE
THAN  FIVE  FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS) OF THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II) ANY READING, IN AN UNPAVED AREA, OF  TWENTY  PERCENT  OR  GREATER
GAS-IN-AIR  WHICH  IS MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURB OR SHOULDER OF THE
ROAD; OR
  (III) ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER  CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT  THAT  LEAKS  CLASSIFIED  UNDER CLAUSE (V) OF SUBPARAGRAPH TWO OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT  TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)
OF SUBPARAGRAPH TWO OF THIS PARAGRAPH  SHALL  BE  SURVEILLED  EVERY  TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE BUILDING
AND THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN  FIVE
FEET  (1.5  METERS)  BUT WITHIN THIRTY FEET (9.1 METERS) OF THE BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II) ANY READING LESS THAN TWENTY PERCENT GAS-IN-AIR  IN  ANY  UNPAVED
AREA  WHICH  IS  MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY FEET
(6.1 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR  SHOULDER  OF  THE
ROAD; OR
  (III)  ANY  READING  OF  THIRTY  PERCENT  OR  GREATER GAS-IN-AIR IN AN
UNPAVED AREA WHICH IS MORE THAN TWENTY  FEET  (6.1  METERS)  BUT  WITHIN
FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET
(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH

S. 7430--A                          3

THE  STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY POSSI-
BLE).
  (D)  TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY HAZARDOUS
AT THE TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO  REMAIN  THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3.  BEGINNING  MARCH FIRST, TWO THOUSAND FIFTEEN, EACH GAS CORPORATION
SHALL REPORT ANNUALLY TO THE DEPARTMENT THE LOCATION  OF  EACH  TYPE  1,
TYPE  2A,  TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE CLASSIFIED BY
THE CORPORATION, THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE  3  LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE  2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE PROGRAM
AS REQUIRED UNDER ITS  APPROVED  OPERATIONS  AND  MAINTENANCE  PROGRAMS.
EACH GAS CORPORATION SHALL ALSO INCLUDE IN SUCH REPORT A STATEMENT INDI-
CATING  (A)  WHETHER  IT HAD OR HAS A SUFFICIENT NUMBER OF EMPLOYEES, IN
ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE THE REPAIRS IDENTIFIED  IN  THE
REPORT  WITHIN  THE  TIMEFRAMES SET FORTH IN THIS SECTION, (B) A LIST OF
PIPELINE REPLACEMENT OR OTHER SIMILAR SAFETY PROJECTS UNDERTAKEN  DURING
THE  REPORTING  PERIOD AND WHETHER IT HAS A SUFFICIENT NUMBER OF EMPLOY-
EES, IN ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE SUCH PROJECTS, AND  (C)
THE  NUMBER  OF EMPLOYEES REQUIRED FOR SUCH REPAIR AND PIPELINE REPLACE-
MENT PROJECTS AND THEIR RESPECTIVE CLASSIFICATIONS. SUCH GAS LEAK INFOR-
MATION SHALL BE MADE AVAILABLE TO ANY MUNICIPAL OR STATE  PUBLIC  SAFETY
OFFICIAL  AND  ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPART-
MENT.
  4. THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO  IMPLEMENT
THE  UNIFORM LEAK CLASSIFICATION STANDARDS AS SPECIFIED IN THIS SECTION,
AND SHALL OVERSEE AND MONITOR COMPANY RESPONSE AND REPORTING.
  5. THE COMMISSION SHALL COMMENCE A PROCEEDING TO  INVESTIGATE  WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON  OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE WHETHER
THE PRESENCE OF EXTENDED FROST CAP CONDITIONS MAY RESULT  IN  ADDITIONAL
STRESS  ON  CAST  IRON OR DUCTILE IRON PIPE SEGMENTS, REQUIRING ENHANCED
SURVEILLANCE AND PATROL. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MINI-
MUM UNIFORM PROCEDURES FOR CAST IRON AND DUCTILE IRON  SURVEILLANCE  AND
PATROLS.  GAS  COMPANIES  ARE  AUTHORIZED  TO  ESTABLISH PROCEDURES THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.